JOURNAL OF THE

1436

T119.7 SEPTEMBER 21

(g) TERMINATION OF RIGHTS.—

(1) IN GENERAL.—All rights created under

this section to bring an action for money

damages with respect to property confiscated before the date of the enactment of

this Act shall cease upon the transmittal to

the Congress of a determination of the President under section 203(c)(3).

(2) PENDING SUITS.—The termination of

rights under paragraph (1) shall not affect

suits commenced before the date of such termination, and in all such suits, proceedings

shall be had, appeals taken, and judgments

rendered in the same manner and with the

same effect as if this subsection had not been

enacted.

SEC. 303. DETERMINATION OF CLAIMS TO CONFISCATED PROPERTY.

(a) EVIDENCE OF OWNERSHIP.—

(1) CONCLUSIVENESS OF CERTIFIED CLAIMS.—

In any action brought under this title, the

courts shall accept as conclusive proof of

ownership a certification of a claim to ownership that has been made by the Foreign

Claims Settlement Commission pursuant to

title V of the International Claims Settlement Act of 1949 (22 U.S.C. 1643 and following).

(2) CLAIMS NOT CERTIFIED.—In the case of a

claim that has not been certified by the Foreign Claims Settlement Commission before

the enactment of this Act, a court may appoint a special master, including the Foreign

Claims Settlement Commission, to make determinations regarding the amount and validity of claims to ownership of confiscated

property. Such determinations are only for

evidentiary purposes in civil actions brought

under this title and do not constitute certifications pursuant to title V of the International Claims Settlement Act of 1949.

(3) EFFECT OF DETERMINATIONS OF FOREIGN

ENTITIES.—In determining ownership, courts

shall not accept as conclusive evidence of

ownership any findings, orders, judgments,

or decrees from administrative agencies or

courts of foreign countries or international

organizations that invalidate the claim held

by a United States national, unless the invalidation was found pursuant to binding

international arbitration to which United

States national submitted the claim.

(b) AMENDMENT OF THE INTERNATIONAL

CLAIMS SETTLEMENT ACT OF 1949.—Title V of

the International Claims Settlement Act of

1949 (22 U.S.C. 1643 and following) is amended

by adding at the end the following new section:

‘‘EVALUATION OF OWNERSHIP CLAIMS REFERRED

BY DISTRICT COURTS OF THE UNITED STATES

‘‘SEC. 514. Notwithstanding any other provision of this title and only for purposes of

section 302 of the Cuban Liberty and Solidarity (LIBERTAD) Act, a United States district court, for fact-finding purposes, may

refer to the Commission, and the Commission may determine, questions of the amount

and ownership of a claim by a United States

national (as defined in section 4 of the Cuban

Liberty and Solidarity (LIBERTAD) Act) resulting from the confiscation of property by

the Government of Cuba described in section

503(a), whether or not the United States national qualified as a national of the United

States (as defined in section 502(1)) at the

time of the action by the Government of

Cuba.’’.

(c) RULE OF CONSTRUCTION.—Nothing in

this Act or section 514 of the International

Claims Settlement Act of 1949, as added by

subsection (b), shall be construed—

(1) to require or otherwise authorize the

claims of Cuban nationals who became

United States citizens after their property

was confiscated to be included in the claims

certified to the Secretary of State by the

Foreign Claims Settlement Commission for

purposes of future negotiation and espousal

of claims with a friendly government in Cuba

when diplomatic relations are restored; or

(2) as superseding, amending, or otherwise

altering certifications that have been made

pursuant to title V of the International

Claims Settlement Act of 1949 before the enactment of this Act.

SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION CERTIFICATION PROCEDURE.

Title V of the International Claims Settlement Act of 1949 (22 U.S.C. 1643 and following), as amended by section 303, is further

amended by adding at the end the following

new section:

‘‘EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT

COMMISSION CERTIFICATION PROCEDURE

‘‘SEC. 515. (a) Subject to subsection (b), neither any national of the United States who

was eligible to file a claim under section 503

but did not timely file such claim under that

section, nor any national of the United

States (on the date of the enactment of this

section) who was not eligible to file a claim

under that section, nor any national of Cuba,

including any agency, instrumentality, subdivision, or enterprise of the Government of

Cuba or any local government of Cuba in

place on the date of the enactment of this

section, nor any successor thereto, whether

or not recognized by the United States, shall

have a claim to, participate in, or otherwise

have an interest in, the compensation proceeds or other nonmonetary compensation

paid or allocated to a national of the United

States by virtue of a claim certified by the

Commission under section 507, nor shall any

court of the United States or any State court

have jurisdiction to adjudicate any such

claim.

‘‘(b) Nothing in subsection (a) shall be construed to detract from or otherwise affect

any rights in the shares of the capital stock

of nationals of the United States owning

claims certified by the Commission under

section 507.’’.

TITLE IV—EXCLUSION OF CERTAIN

ALIENS

SEC. 401. EXCLUSION FROM THE UNITED STATES

OF ALIENS WHO HAVE CONFISCATED PROPERTY OF UNITED

STATES NATIONALS OR WHO TRAFFIC IN SUCH PROPERTY.

(a) GROUNDS FOR EXCLUSION.—The Secretary of State, in consultation with the Attorney General, shall exclude from the

United States any alien who the Secretary of

State determines is a person who—

(1) has confiscated, or has directed or overseen the confiscation of, property a claim to

which is owned by a United States national,

or converts or has converted for personal

gain confiscated property, a claim to which

is owned by a United States national;

(2) traffics in confiscated property, a claim

to which is owned by a United States national;

(3) is a corporate officer, principal, or

shareholder with a controlling interest of an

entity which has been involved in the confiscation of property or trafficking in confiscated property, a claim to which is owned

by a United States national; or

(4) is a spouse, minor child, or agent of a

person excludable under paragraph (1), (2), or

(3).

(b) DEFINITIONS.—As used in this section,

the following terms have the following

meanings:

(1) CONFISCATED; CONFISCATION.—The terms

‘‘confiscated’’ and ‘‘confiscation’’ refer to—

(A) the nationalization, expropriation, or

other seizure by foreign governmental authority of ownership or control of property

on or after January 1, 1959—

(i) without the property having been returned or adequate and effective compensation provided; or

(ii) without the claim to the property having been settled pursuant to an international

claims settlement agreement or other mutually accepted settlement procedure; and

(B) the repudiation by foreign governmental authority of, the default by foreign

governmental authority on, or the failure by

foreign governmental authority to pay, on or

after January 1, 1959—

(i) a debt of any enterprise which has been

nationalized, expropriated, or otherwise

taken by foreign governmental authority;

(ii) a debt which is a charge on property

nationalized, expropriated, or otherwise

taken by foreign governmental authority; or

(iii) a debt which was incurred by foreign

governmental authority in satisfaction or

settlement of a confiscated property claim.

(2) PROPERTY.—The term ‘‘property’’ does

not include claims arising from a territory

in dispute as a result of war between United

Nations member states in which the ultimate resolution of the disputed territory has

not been resolved.

(3) TRAFFICS.—(A) A person or entity ‘‘traffics’’ in property if that person or entity

knowingly and intentionally—

(i) sells, transfers, distributes, dispenses,

brokers, manages, or otherwise disposes of

confiscated property, or purchases, leases,

receives, possesses, obtains control of, manages, uses, or otherwise acquires or holds an

interest in confiscated property,

(ii) engages in a commercial activity using

or otherwise benefiting from confiscated

property, or

(iii) causes, directs, participates in, or

profits from, trafficking (as described in

clauses (i) and (ii)) by another person, or otherwise engages in trafficking (as described in

clauses (i) and (ii)) through another person,

without the authorization of the United

States national who holds a claim to the

property.

(B) The term ‘‘traffics’’ does not include–

(i) the delivery of international telecommunication signals to Cuba that are authorized by section 1705(e) of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)); or

(ii) the trading or holding of securities

publicly traded or held, unless the trading is

with or by a person determined by the Secretary of the Treasury to be a specially designated national.

(c) NATIONAL INTEREST EXEMPTION.—This

section shall not apply where the Secretary

of State finds, on a case-by-case basis, that

making a determination under subsection (a)

would be contrary to the national interest of

the United States.

(d) EFFECTIVE DATE.—

(1) IN GENERAL.—This section applies to

aliens seeking to enter the United States on

or after the date of the enactment of this

Act.

(2) TRAFFICKING.—This section applies only

with respect to acts within the meaning of

‘‘traffics’’ that occur on or after the date of

the enactment of this Act.

It was decided in the Yeas ....... 138 ! negative ....................... Nays ...... 283

T119.7 [Roll No. 682]

AYES—138

Abercrombie

Baesler

Baldacci

Barrett (WI)

Becerra

Beilenson

Bereuter

Berman

Bishop

Bonior

Boucher

Brewster

Brown (CA)

Bryant (TX)

Clay

Clayton

Clement

Clyburn

Collins (MI)

Conyers

Coyne

Danner

de la Garza

DeFazio

DeLauro

Dellums

Dicks

Dingell

Dixon

Doggett

Dooley

Durbin

Eshoo

Evans

Farr

Fattah

Fazio

Fields (LA)

Filner

Flake

Foglietta

Frank (MA)

Frost

Furse

Gejdenson
HOUSE OF REPRESENTATIVES

1437

1995 T119.7

Gibbons

Gonzalez

Gordon

Hall (OH)

Hamilton

Harman

Hayes

Hefner

Hilliard

Hinchey

Hoyer

Jackson-Lee

Jacobs

Johnson (SD)

Johnson, E. B.

Johnston

Kanjorski

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kleczka

Klink

LaFalce

Lantos

Lewis (GA)

Lincoln

Lofgren

Lowey

Luther

Maloney

Markey

Martinez

Mascara

McCarthy

McDermott

McHale

McIntosh

McKinney

McNulty

Meehan

Mfume

Miller (CA)

Minge

Mink

Moran

Nadler

Neal

Oberstar

Obey

Olver

Owens

Parker

Pastor

Payne (VA)

Pelosi

Rahall

Rangel

Reed

Rivers

Roemer

Roybal-Allard

Rush

Sabo

Sawyer

Schroeder

Schumer

Scott

Serrano

Skaggs

Slaughter

Spratt

Stark

Studds

Stupak

Tanner

Taylor (MS)

Thompson

Thornton

Torres

Towns

Velazquez

Vento

Visclosky

Waters

Watt (NC)

Waxman

Williams

Wise

Woolsey

Wyden

Wynn

Yates

NOES—283

Ackerman

Allard

Andrews

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Ballenger

Barcia

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Bentsen

Bevill

Bilbray

Bilirakis

Bliley

Boehlert

Boehner

Bonilla

Bono

Borski

Browder

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chapman

Chenoweth

Christensen

Chrysler

Clinger

Coble

Coburn

Coleman

Collins (GA)

Combest

Condit

Cooley

Costello

Cox

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Davis

Deal

DeLay

Deutsch

Diaz-Balart

Dickey

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Edwards

Ehlers

Ehrlich

Emerson

Engel

English

Ensign

Everett

Ewing

Fawell

Fields (TX)

Flanagan

Foley

Forbes

Ford

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk

Gallegly

Ganske

Gekas

Geren

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Gutknecht

Hall (TX)

Hancock

Hansen

Hastert

Hastings (FL)

Hastings (WA)

Hayworth

Hefley

Heineman

Herger

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson (CT)

Johnson, Sam

Jones

Kaptur

Kasich

Kelly

Kim

King

Kingston

Klug

Knollenberg

Kolbe

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Levin

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Lipinski

Livingston

LoBiondo

Longley

Lucas

Manton

Manzullo

Martini

Matsui

McCollum

McCrery

McDade

McHugh

McInnis

McKeon

Meek

Menendez

Metcalf

Meyers

Mica

Miller (FL)

Mineta

Molinari

Mollohan

Montgomery

Moorhead

Morella

Murtha

Myers

Myrick

Nethercutt

Neumann

Norwood

Nussle

Ortiz

Orton

Oxley

Packard

Pallone

Paxon

Peterson (FL)

Peterson (MN)

Petri

Pickett

Pombo

Pomeroy

Porter

Portman

Poshard

Pryce

Quillen

Quinn

Radanovich

Ramstad

Regula

Richardson

Riggs

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Rose

Roth

Roukema

Royce

Sanders

Sanford

Saxton

Scarborough

Schaefer

Schiff

Seastrand

Sensenbrenner

Shadegg

Shaw

Shays

Shuster

Skeen

Skelton

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Stearns

Stenholm

Stockman

Stump

Talent

Tate

Tauzin

Taylor (NC)

Tejeda

Thomas

Thornberry

Thurman

Tiahrt

Torkildsen

Torricelli

Traficant

Upton

Volkmer

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Ward

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wilson

Wolf

Young (AK)

Young (FL)

Zeliff

Zimmer

NOT VOTING—13

Blute

Collins (IL)

Gephardt

Hilleary

Jefferson

Moakley

Ney

Payne (NJ)

Reynolds

Salmon

Sisisky

Stokes

Tucker

So the amendment in the nature of a

substitute was not agreed to.

After some further time,

The SPEAKER pro tempore, Mr.

LAHOOD, assumed the Chair.

When Mr. DUNCAN, Chairman, pursuant to House Resolution 225, reported

the bill back to the House with an

amendment adopted by the Committee.

The previous question having been

ordered by said resolution.

The following amendment, reported

from the Committee of the Whole

House on the state of the Union, was

agreed to:

Strike out all after the enacting clause and

insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as

the ‘‘Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Purposes.

Sec. 4. Definitions.

TITLE I—SEEKING SANCTIONS AGAINST

THE CASTRO GOVERNMENT

Sec. 101. Statement of policy.

Sec. 102. Enforcement of the economic embargo of Cuba.

Sec. 103. Prohibition against indirect financing of the Castro dictatorship.

Sec. 104. United States opposition to Cuban

membership in international financial institutions.

Sec. 105. United States opposition to ending

the suspension of the Government of Cuba from the Organization of American States.

Sec. 106. Assistance by the Independent

States of the former Soviet

Union for the Cuban Government.

Sec. 107. Television broadcasting to Cuba.

Sec. 108. Reports on assistance and commerce received by Cuba from

other foreign countries.

Sec. 109. Authorization of support for democratic and human rights groups

and international observers.

Sec. 110. Withholding of foreign assistance

from countries supporting nuclear plant in Cuba.

Sec. 111. Expulsion of criminals from Cuba.

TITLE II—ASSISTANCE TO A FREE AND

INDEPENDENT CUBA

Sec. 201. Policy toward a transition government and a democratically

elected government in Cuba.

Sec. 202. Assistance for the Cuban people.

Sec. 203. Coordination of assistance program; implementation and reports to Congress; reprogramming.

Sec. 204. Termination of the economic embargo of Cuba.

Sec. 205. Requirements for a transition government.

Sec. 206. Requirements for a democratically

elected government.

TITLE III—PROTECTION OF PROPERTY

RIGHTS OF UNITED STATES NATIONALS AGAINST CONFISCATORY TAKINGS

BY THE CASTRO REGIME

Sec. 301. Statement of policy.

Sec. 302. Liability for trafficking in property confiscated from United

States nationals.

Sec. 303. Determination of claims to confiscated property.

Sec. 304. Exclusivity of Foreign Claims Settlement Commission certification procedure.

TITLE IV—EXCLUSION OF CERTAIN

ALIENS

Sec. 401. Exclusion from the United States

of aliens who have confiscated

property of United States nationals or who traffic in such

property.

SEC. 2. FINDINGS.

The Congress makes the following findings:

(1) The economy of Cuba has experienced a

decline of at least 60 percent in the last 5

years as a result of—

(A) the end of its subsidization by the

former Soviet Union of between 5 billion and

6 billion dollars annually;

(B) 36 years of Communist tyranny and

economic mismanagement by the Castro

government;

(C) the extreme decline in trade between

Cuba and the countries of the former Soviet

bloc; and

(D) the stated policy of the Russian Government and the countries of the former Soviet bloc to conduct economic relations with

Cuba on strictly commercial terms.

(2) At the same time, the welfare and

health of the Cuban people have substantially deteriorated as a result of this economic decline and the refusal of the Castro

regime to permit free and fair democratic

elections in Cuba.

(3) The Castro regime has made it abundantly clear that it will not engage in any

substantive political reforms that would lead

to democracy, a market economy, or an economic recovery.

(4) The repression of the Cuban people, including a ban on free and fair democratic

elections, and continuing violations of fundamental human rights have isolated the

Cuban regime as the only completely nondemocratic government in the Western

Hemisphere.

(5) As long as free elections are not held in

Cuba, the economic condition of the country

and the welfare of the Cuban people will not

improve in any significant way.

(6) The totalitarian nature of the Castro

regime has deprived the Cuban people of any

peaceful means to improve their condition

and has led thousands of Cuban citizens to

risk or lose their lives in dangerous attempts

to escape from Cuba to freedom.

(7) Radio Marti and Television Marti have

both been effective vehicles for providing the
JOURNAL OF THE

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T119.7 SEPTEMBER 21

people of Cuba with news and information

and have helped to bolster the morale of the

people of Cuba living under tyranny.

(8) The consistent policy of the United

States towards Cuba since the beginning of

the Castro regime, carried out by both

Democratic and Republican administrations,

has sought to keep faith with the people of

Cuba, and has been effective in sanctioning

the totalitarian Castro regime.

(9) The United States has shown a deep

commitment, and considers it a moral obligation, to promote and protect human rights

and fundamental freedoms as expressed in

the Charter of the United Nations and in the

Universal Declaration of Human Rights.

(10) The Congress has historically and consistently manifested its solidarity and the

solidarity of the American people with the

democratic aspirations of the Cuban people.

(11) The Cuban Democracy Act of 1992 calls

upon the President to encourage the governments of countries that conduct trade with

Cuba to restrict their trade and credit relations with Cuba in a manner consistent with

the purposes of that Act.

(12) The 1992 FREEDOM Support Act requires that the President, in providing economic assistance to Russia and the emerging

Eurasian democracies, take into account the

extent to which they are acting to ‘‘terminate support for the communist regime in

Cuba, including removal of troops, closing

military facilities, and ceasing trade subsidies and economic, nuclear, and other assistance’’.

(13) The Cuban Government engages in the

illegal international narcotics trade and harbors fugitives from justice in the United

States.

(14) The Castro government threatens

international peace and security by engaging

in acts of armed subversion and terrorism

such as the training and supplying of groups

dedicated to international violence.

(15) The Castro government has utilized

from its inception and continues to utilize

torture in various forms (including by psychiatry), as well as execution, exile, confiscation, political imprisonment, and other

forms of terror and repression, as means of

retaining power.

(16) Fidel Castro has defined democratic

pluralism as ‘‘pluralistic garbage’’ and continues to make clear that he has no intention of tolerating the democratization of

Cuban society.

(17) The Castro government holds innocent

Cubans hostage in Cuba by no fault of the

hostages themselves solely because relatives

have escaped the country.

(18) Although a signatory state to the 1928

Inter-American Convention on Asylum and

the International Covenant on Civil and Political Rights (which protects the right to

leave one’s own country), Cuba nevertheless

surrounds embassies in its capital by armed

forces to thwart the right of its citizens to

seek asylum and systematically denies that

right to the Cuban people, punishing them

by imprisonment for seeking to leave the

country and killing them for attempting to

do so (as demonstrated in the case of the

confirmed murder of over 40 men, women,

and children who were seeking to leave Cuba

on July 13, 1994).

(19) The Castro government continues to

utilize blackmail, such as the immigration

crisis with which it threatened the United

States in the summer of 1994, and other unacceptable and illegal forms of conduct to influence the actions of sovereign states in the

Western Hemisphere in violation of the Charter of the Organization of American States

and other international agreements and

international law.

(20) The United Nations Commission on

Human Rights has repeatedly reported on

the unacceptable human rights situation in

Cuba and has taken the extraordinary step of

appointing a Special Rapporteur.

(21) The Cuban Government has consistently refused access to the Special

Rapporteur and formally expressed its decision not to ‘‘implement so much as one

comma’’ of the United Nations Resolutions

appointing the Rapporteur.

(22) The United Nations General Assembly

passed Resolution 1992/70 on December 4,

1992, Resolution 1993/48/142 on December 20,

1993, and Resolution 1994/49/544 on October 19,

1994, referencing the Special Rapporteur’s reports to the United Nations and condemning

‘‘violations of human rights and fundamental freedoms’’ in Cuba.

(23) Article 39 of Chapter VII of the United

Nations Charter provides that the United

Nations Security Council ‘‘shall determine

the existence of any threat to the peace,

breach of the peace, or act of aggression and

shall make recommendations, or decide what

measures shall be taken . . ., to maintain or

restore international peace and security.’’.

(24) The United Nations has determined

that massive and systematic violations of

human rights may constitute a ‘‘threat to

peace’’ under Article 39 and has imposed

sanctions due to such violations of human

rights in the cases of Rhodesia, South Africa,

Iraq, and the former Yugoslavia.

(25) In the case of Haiti, a neighbor of Cuba

not as close to the United States as Cuba,

the United States led an effort to obtain and

did obtain a United Nations Security Council

embargo and blockade against that country

due to the existence of a military dictatorship in power less than 3 years.

(26) United Nations Security Council Resolution 940 of July 31, 1994, subsequently authorized the use of ‘‘all necessary means’’ to

restore the ‘‘democratically elected government of Haiti’’, and the democratically

elected government of Haiti was restored to

power on October 15, 1994.

(27) The Cuban people deserve to be assisted in a decisive manner to end the tyranny that has oppressed them for 36 years

and the continued failure to do so constitutes ethically improper conduct by the

international community.

(28) For the past 36 years, the Cuban Government has posed and continues to pose a

national security threat to the United

States.

SEC. 3. PURPOSES.

The purposes of this Act are as follows:

(1) To assist the Cuban people in regaining

their freedom and prosperity, as well as in

joining the community of democracies that

are flourishing in the Western Hemisphere.

(2) To seek international sanctions against

the Castro government in Cuba.

(3) To encourage the holding of free and

fair democratic elections in Cuba, conducted

under the supervision of internationally recognized observers.

(4) To develop a plan for furnishing assistance to a transition government and, subsequently, to a democratically elected government when such governments meet the eligibility requirements of this Act.

(5) To protect property rights abroad of

United States nationals.

(6) To provide for the continued national

security of the United States in the face of

continuing threats from the Castro government of terrorism, theft of property from

United States nationals, and domestic repression from which refugees flee to United

States shores.

SEC. 4. DEFINITIONS.

As used in this Act, the following terms

have the following meanings:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional

committees’’ means the Committee on International Relations, the Committee on Ways

and Means, and the Committee on Appropriations of the House of Representatives

and the Committee on Foreign Relations,

the Committee on Finance, and the Committee on Appropriations of the Senate.

(2) COMMERCIAL ACTIVITY.—The term ‘‘commercial activity’’ has the meaning given

that term in section 1603(d) of title 28,

United States Code.

(3) CONFISCATED.—As used in titles I and

III, the term ‘‘confiscated’’ refers to—

(A) the nationalization, expropriation, or

other seizure by the Cuban Government of

ownership or control of property, on or after

January 1, 1959—

(i) without the property having been returned or adequate and effective compensation provided; or

(ii) without the claim to the property having been settled pursuant to an international

claims settlement agreement or other mutually accepted settlement procedure; and

(B) the repudiation by the Cuban Government of, the default by the Cuban Government on, or the failure by the Cuban Government to pay, on or after January 1, 1959—

(i) a debt of any enterprise which has been

nationalized, expropriated, or otherwise

taken by the Cuban Government;

(ii) a debt which is a charge on property

nationalized, expropriated, or otherwise

taken by the Cuban Government; or

(iii) a debt which was incurred by the

Cuban Government in satisfaction or settlement of a confiscated property claim.

(4) CUBAN GOVERNMENT.—(A) The term

‘‘Cuban Government’’ includes the government of any political subdivision of Cuba,

and any agency or instrumentality of the

Government of Cuba.

(B) For purposes of subparagraph (A), the

term ‘‘agency or instrumentality of the Government of Cuba’’ means an agency or instrumentality of a foreign state as defined in

section 1603(b) of title 28, United States

Code, with ‘‘Cuba’’ substituted for ‘‘a foreign

state’’ each place it appears in such section.

(5) DEMOCRATICALLY ELECTED GOVERNMENT

IN CUBA.—The term ‘‘democratically elected

government in Cuba’’ means a government

determined by the President to have met the

requirements of section 206.

(6) ECONOMIC EMBARGO OF CUBA.—The term

‘‘economic embargo of Cuba’’ refers to the

economic embargo imposed against Cuba

pursuant to section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)), section 5(b) of the Trading With the Enemy Act

(50 U.S.C. App. 5(b)), the International Emergency Economic Powers Act (50 U.S.C. 1701

and following), and the Export Administration Act of 1979 (50 U.S.C. App. 2401 and following), as modified by the Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following).

(7) FOREIGN NATIONAL.—The term ‘‘foreign

national’’ means—

(A) an alien; or

(B) any corporation, trust, partnership, or

other juridical entity not organized under

the laws of the United States, or of any

State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States.

(8) KNOWINGLY.—The term ‘‘knowingly’’

means with knowledge or having reason to

know.

(9) PROPERTY.—(A) The term ‘‘property’’

means any property (including patents,

copyrights, trademarks, and any other form

of intellectual property), whether real, personal, or mixed, and any present, future, or

contingent right, security, or other interest

therein, including any leasehold interest.

(B) For purposes of title III of this Act, the

term ‘‘property’’ shall not include real property used for residential purposes unless, as

of the date of the enactment of this Act—
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(i) the claim to the property is owned by a

United States national and the claim has

been certified under title V of the International Claims Settlement Act of 1949; or

(ii) the property is occupied by a member

or official of the Cuban Government or the

ruling political party in Cuba.

(10) TRAFFICS.—(A) As used in title III, a

person or entity ‘‘traffics’’ in property if

that person or entity knowingly and

intentionally—

(i) sells, transfers, distributes, dispenses,

brokers, manages, or otherwise disposes of

confiscated property, or purchases, leases,

receives, possesses, obtains control of, manages, uses, or otherwise acquires or holds an

interest in confiscated property,

(ii) engages in a commercial activity using

or otherwise benefiting from confiscated

property, or

(iii) causes, directs, participates in, or

profits from, trafficking (as described in

clauses (i) and (ii)) by another person, or otherwise engages in trafficking (as described in

clauses (i) and (ii)) through another person,

without the authorization of the United

States national who holds a claim to the

property.

(B) The term ‘‘traffics’’ does not include—

(i) the delivery of international telecommunication signals to Cuba that are authorized by section 1705(e) of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)); or

(ii) the trading or holding of securities

publicly traded or held, unless the trading is

with or by a person determined by the Secretary of the Treasury to be a specially designated national.

(11) TRANSITION GOVERNMENT IN CUBA.—The

term ‘‘transition government in Cuba’’

means a government determined by the

President to have met the requirements of

section 205.

(12) UNITED STATES NATIONAL.—The term

‘‘United States national’’ means—

(A) any United States citizen; or

(B) any other legal entity which is organized under the laws of the United States, or

of any State, the District of Columbia, the

Commonwealth of Puerto Rico, or any other

territory or possession of the United States,

and which has its principal place of business

in the United States.

TITLE I—SEEKING SANCTIONS AGAINST

THE CASTRO GOVERNMENT

SEC. 101. STATEMENT OF POLICY.

It is the sense of the Congress that—

(1) the acts of the Castro government, including its massive, systematic, and extraordinary violations of human rights, are a

threat to international peace;

(2) the President should advocate, and

should instruct the United States Permanent

Representative to the United Nations to propose and seek, within the Security Council, a

mandatory international embargo against

the totalitarian Cuban Government pursuant

to chapter VII of the Charter of the United

Nations, which is similar to measures taken

by United States representatives with respect to Haiti; and

(3) any resumption or commencement of

efforts by any state to make operational the

nuclear facility at Cienfuegos, Cuba, will

have a detrimental impact on United States

assistance to and relations with that state.

SEC. 102. ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.

(a) POLICY.—(1) The Congress hereby reaffirms section 1704(a) of the Cuban Democracy

Act of 1992 that states the President should

encourage foreign countries to restrict trade

and credit relations with Cuba.

(2) The Congress further urges the President to take immediate steps to apply the

sanctions described in section 1704(b) of that

Act against countries assisting Cuba.

(b) DIPLOMATIC EFFORTS.—The Secretary of

State shall ensure that United States diplomatic personnel abroad understand and, in

their contacts with foreign officials, are

communicating the reasons for the United

States economic embargo of Cuba, and are

urging foreign governments to cooperate

more effectively with the embargo.

(c) EXISTING REGULATIONS.—The President

should instruct the Secretary of the Treasury and the Attorney General to enforce

fully the Cuban Assets Control Regulations

set forth in part 515 of title 31, Code of Federal Regulations.

(d) TRADING WITH THE ENEMY ACT.—

(1) CIVIL PENALTIES.—Subsection (b) of section 16 of the Trading With the Enemy Act

(50 U.S.C. App. 16(b)) is amended to read as

follows:

‘‘(b)(1) A civil penalty of not to exceed

$50,000 may be imposed by the Secretary of

the Treasury on any person who violates any

license, order, rule, or regulation issued in

compliance with the provisions of this Act.

‘‘(2) Any property, funds, securities, papers, or other articles or documents, or any

vessel, together with its tackle, apparel, furniture, and equipment, that is the subject of

a violation under paragraph (1) shall, at the

discretion of the Secretary of the Treasury,

be forfeited to the United States Government.

‘‘(3) The penalties provided under this subsection may not be imposed for—

‘‘(A) news gathering, research, or the export or import of, or transmission of, information or informational materials; or

‘‘(B) clearly defined educational or religious activities, or activities of recognized

human rights organizations, that are reasonably limited in frequency, duration, and

number of participants.

‘‘(4) The penalties provided under this subsection may be imposed only on the record

after opportunity for an agency hearing in

accordance with sections 554 through 557 of

title 5, United States Code, with the right to

prehearing discovery.

‘‘(5) Judicial review of any penalty imposed under this subsection may be had to

the extent provided in section 702 of title 5,

United States Code.’’.

(2) FORFEITURE OF PROPERTY USED IN VIOLATION.—Section 16 of the Trading With the

Enemy Act is further amended by striking

subsection (c).

(3) CLERICAL AMENDMENT.—Section 16 of

the Trading With the Enemy Act is further

amended by inserting ‘‘SEC. 16.’’ before ‘‘(a)’’.

(e) COVERAGE OF DEBT-FOR-EQUITY SWAPS

BY ECONOMIC EMBARGO OF CUBA.—Section

1704(b)(2) of the Cuban Democracy Act of 1992

(22 U.S.C. 6003(b)(2)) is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (A);

(2) by redesignating subparagraph (B) as

subparagraph (C); and

(3) by inserting after subparagraph (A) the

following new subparagraph:

‘‘(B) includes an exchange, reduction, or

forgiveness of Cuban debt owed to a foreign

country in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba (including

the government of any political subdivision

of Cuba, and any agency or instrumentality

of the Government of Cuba) or of a Cuban national; and’’; and

(4) by adding at the end the following flush

sentence:

‘‘As used in this paragraph, the term ‘agency

or instrumentality of the Government of

Cuba’ means an agency or instrumentality of

a foreign state as defined in section 1603(b) of

title 28, United States Code, with ‘Cuba’ substituted for ‘a foreign state’ each place it appears in such section.’’.

SEC. 103. PROHIBITION AGAINST INDIRECT FINANCING OF THE CASTRO DICTATORSHIP.

(a) PROHIBITION.—Notwithstanding any

other provision of law, no loan, credit, or

other financing may be extended knowingly

by a United States national, permanent resident alien, or United States agency, to a foreign national, United States national, or permanent resident alien, in order to finance

transactions involving any confiscated property the claim to which is owned by a United

States national as of the date of the enactment of this Act.

(b) TERMINATION OF PROHIBITION.—The prohibition of subsection (a) shall cease to apply

on the date on which the economic embargo

of Cuba terminates under section 205.

(c) PENALTIES.—Violations of subsection

(a) shall be punishable by the same penalties

as are applicable to violations of the Cuban

Assets Control Regulations set forth in part

515 of title 31, Code of Federal Regulations.

(d) DEFINITIONS.—As used in this section—

(1) the term ‘‘permanent resident alien’’

means an alien admitted for permanent residence into the United States; and

(2) the term ‘‘United States agency’’ has

the meaning given the term ‘‘agency’’ in section 551(1) of title 5, United States Code.

SEC. 104. UNITED STATES OPPOSITION TO CUBAN

MEMBERSHIP IN INTERNATIONAL

FINANCIAL INSTITUTIONS.

(a) OPPOSITION TO CUBAN MEMBERSHIP IN

INTERNATIONAL FINANCIAL INSTITUTIONS.—(1)

Until such time as the President determines

that a transition government in Cuba is in

power, the Secretary of the Treasury should

instruct the United States executive director

to each international financial institution to

use the voice and vote of the United States

to oppose the admission of Cuba as a member

of such institution.

(2) Once a transition government in Cuba

is in power, the President is encouraged to

take steps to support the processing of

Cuba’s application for membership in any financial institution subject to the membership taking effect at such time as the President deems most likely to facilitate the

transition to a democratically elected government in Cuba.

(b) REDUCTION IN UNITED STATES PAYMENTS

TO INTERNATIONAL FINANCIAL INSTITUTIONS.—

If any international financial institution approves a loan or other assistance to the

Cuban Government over the opposition of

the United States, then the Secretary of the

Treasury shall withhold from payment to

that institution an amount equal to the

amount of the loan or other assistance to the

Cuban Government, with respect to each of

the following types of payment:

(1) The paid-in portion of the increase in

capital stock of the institution.

(2) The callable portion of the increase in

capital stock of the institution.

(c) DEFINITION.—For purposes of this section, the term ‘‘international financial institution’’ means the International Monetary

Fund, the International Bank for Reconstruction and Development, the International Development Association, the

International Finance Corporation, the Multilateral Investment Guaranty Agency, and

the Inter-American Development Bank.

SEC. 105. UNITED STATES OPPOSITION TO ENDING THE SUSPENSION OF THE GOVERNMENT OF CUBA FROM THE ORGANIZATION OF AMERICAN STATES.

The President should instruct the United

States Permanent Representative to the Organization of American States to use the

voice and vote of the United States to oppose

ending the suspension of the Government of

Cuba from the Organization until the President determines under section 203(c)(3) that

a democratically elected government in

Cuba is in power.

SEC. 106. ASSISTANCE BY THE INDEPENDENT

STATES OF THE FORMER SOVIET

UNION FOR THE CUBAN GOVERNMENT.

(a) REPORTING REQUIREMENT.—Not later

than 90 days after the date of the enactment
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of this Act, the President shall submit to the

appropriate congressional committees a report detailing progress towards the withdrawal of personnel of any independent state

of the former Soviet Union (within the

meaning of section 3 of the FREEDOM Support Act (22 U.S.C. 5801)), including advisers,

technicians, and military personnel, from

the Cienfuegos nuclear facility in Cuba.

(b) CRITERIA FOR ASSISTANCE.—Section

498A(a)(11) of the Foreign Assistance Act of

1961 (22 U.S.C. 2295a(a)(11)) is amended by

striking ‘‘of military facilities’’ and inserting ‘‘military and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos’’.

(c) INELIGIBILITY FOR ASSISTANCE.—(1) Section 498A(b) of that Act (22 U.S.C. 2295a(b)) is

amended—

(A) by striking ‘‘or’’ at the end of paragraph (4);

(B) by redesignating paragraph (5) as paragraph (6); and

(C) by inserting after paragraph (4) the following:

‘‘(5) for the government of any independent

state effective 30 days after the President

has determined and certified to the appropriate congressional committees (and Congress has not enacted legislation disapproving the determination within that 30-

day period) that such government is providing assistance for, or engaging in nonmarket based trade (as defined in section

498B(k)(3)) with, the Cuban Government; or’’.

(2) Subsection (k) of section 498B of that

Act (22 U.S.C. 2295b(k)), is amended by adding at the end the following:

‘‘(3) NONMARKET BASED TRADE.—As used in

section 498A(b)(5), the term ‘nonmarket

based trade’ includes exports, imports, exchanges, or other arrangements that are provided for goods and services (including oil

and other petroleum products) on terms

more favorable than those generally available in applicable markets or for comparable

commodities, including—

‘‘(A) exports to the Cuban Government on

terms that involve a grant, concessional

price, guaranty, insurance, or subsidy;

‘‘(B) imports from the Cuban Government

at preferential tariff rates;

‘‘(C) exchange arrangements that include

advance delivery of commodities, arrangements in which the Cuban Government is not

held accountable for unfulfilled exchange

contracts, and arrangements under which

Cuba does not pay appropriate transportation, insurance, or finance costs; and

‘‘(D) the exchange, reduction, or forgiveness of Cuban debt in return for a grant by

the Cuban Government of an equity interest

in a property, investment, or operation of

the Cuban Government or of a Cuban national.

‘‘(4) CUBAN GOVERNMENT.—(A) The term

‘Cuban Government’ includes the government of any political subdivision of Cuba,

and any agency or instrumentality of the

Government of Cuba.

‘‘(B) For purposes of subparagraph (A), the

term ‘agency or instrumentality of the Government of Cuba’ means an agency or instrumentality of a foreign state as defined in

section 1603(b) of title 28, United States

Code, with ‘Cuba’ substituted for ‘a foreign

state’ each place it appears in such section.’’.

(d) FACILITIES AT LOURDES, CUBA.—(1) The

Congress expresses its strong disapproval of

the extension by Russia of credits equivalent

to approximately $200,000,000 in support of

the intelligence facility at Lourdes, Cuba, in

November 1994.

(2) Section 498A of the Foreign Assistance

Act of 1961 (22 U.S.C. 2295a) is amended by

adding at the end the following new subsection:

‘‘(d) REDUCTION IN ASSISTANCE FOR SUPPORT

OF INTELLIGENCE FACILITIES IN CUBA.—(1)

Notwithstanding any other provision of law,

the President shall withhold from assistance

provided, on or after the date of the enactment of this subsection, for an independent

state of the former Soviet Union under this

chapter an amount equal to the sum of assistance and credits, if any, provided on or

after such date by such state in support of

intelligence facilities in Cuba, including the

intelligence facility at Lourdes, Cuba.

‘‘(2)(A) The President may waive the requirement of paragraph (1) to withhold assistance if the President certifies to the appropriate congressional committees that the

provision of such assistance is important to

the national security of the United States,

and, in the case of such a certification made

with respect to Russia, if the President certifies that the Russian Government has assured the United States Government that

the Russian Government is not sharing intelligence data collected at the Lourdes facility

with officials or agents of the Cuban Government.

‘‘(B) At the time of a certification made

with respect to Russia pursuant to subparagraph (A), the President shall also submit to

the appropriate congressional committees a

report describing the intelligence activities

of Russia in Cuba, including the purposes for

which the Lourdes facility is used by the

Russian Government and the extent to which

the Russian Government provides payment

or government credits to the Cuban Government for the continued use of the Lourdes facility.

‘‘(C) The report required by subparagraph

(B) may be submitted in classified form.

‘‘(D) For purposes of this paragraph, the

term ‘appropriate congressional committees’

includes the Permanent Select Committee

on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

‘‘(3) The requirement of paragraph (1) to

withhold assistance shall not apply with respect to—

‘‘(A) assistance to meet urgent humanitarian needs, including disaster and refugee

relief;

‘‘(B) democratic political reform and rule

of law activities;

‘‘(C) technical assistance for safety upgrades of civilian nuclear power plants;

‘‘(D) the creation of private sector and

nongovernmental organizations that are

independent of government control;

‘‘(E) the development of a free market economic system; and

‘‘(F) assistance for the purposes described

in the Cooperative Threat Reduction Act of

1993 (title XII of Public Law 103–160).’’.

SEC. 107. TELEVISION BROADCASTING TO CUBA.

(a) CONVERSION TO UHF.—The Director of

the United States Information Agency shall

implement a conversion of television broadcasting to Cuba under the Television Marti

Service to ultra high frequency (UHF) broadcasting.

(b) PERIODIC REPORTS.—Not later than 45

days after the date of the enactment of this

Act, and every three months thereafter until

the conversion described in subsection (a) is

fully implemented, the Director of the

United States Information Agency shall submit a report to the appropriate congressional

committees on the progress made in carrying

out subsection (a).

(c) TERMINATION OF BROADCASTING AUTHORITIES.—Upon transmittal of a determination under section 203(c)(3), the Television Broadcasting to Cuba Act (22 U.S.C.

1465aa and following) and the Radio Broadcasting to Cuba Act (22 U.S.C. 1465 and following) are repealed.

SEC. 108. REPORTS ON ASSISTANCE AND COMMERCE RECEIVED BY CUBA FROM

OTHER FOREIGN COUNTRIES.

(a) REPORTS REQUIRED.—Not later than 90

days after the date of the enactment of this

Act, and every year thereafter, the President

shall submit a report to the appropriate congressional committees on assistance and

commerce received by Cuba from other foreign countries during the preceding 12-month

period.

(b) CONTENTS OF REPORTS.—Each report required by subsection (a) shall, for the period

covered by the report, contain the following,

to the extent such information is known:

(1) A description of all bilateral assistance

provided to Cuba by other foreign countries,

including humanitarian assistance.

(2) A description of Cuba’s commerce with

foreign countries, including an identification

of Cuba’s trading partners and the extent of

such trade.

(3) A description of the joint ventures completed, or under consideration, by foreign nationals involving facilities in Cuba, including an identification of the location of the

facilities involved and a description of the

terms of agreement of the joint ventures and

the names of the parties that are involved.

(4) A determination whether or not any of

the facilities described in paragraph (3) is

the subject of a claim by a United States national.

(5) A determination of the amount of

Cuban debt owed to each foreign country,

including—

(A) the amount of debt exchanged, forgiven, or reduced under the terms of each investment or operation in Cuba involving foreign nationals; and

(B) the amount of debt owed to the foreign

country that has been exchanged, reduced, or

forgiven in return for a grant by the Cuban

Government of an equity interest in a property, investment, or operation of the Cuban

Government or of a Cuban national.

(6) A description of the steps taken to ensure that raw materials and semifinished or

finished goods produced by facilities in Cuba

involving foreign nationals do not enter the

United States market, either directly or

through third countries or parties.

(7) An identification of countries that purchase, or have purchased, arms or military

supplies from the Cuban Government or that

otherwise have entered into agreements with

the Cuban Government that have a military

application, including—

(A) a description of the military supplies,

equipment, or other materiel sold, bartered,

or exchanged between the Cuban Government and such countries;

(B) a listing of the goods, services, credits,

or other consideration received by the Cuban

Government in exchange for military supplies, equipment, or materiel; and

(C) the terms or conditions of any such

agreement.

SEC. 109. AUTHORIZATION OF SUPPORT FOR

DEMOCRATIC AND HUMAN RIGHTS

GROUPS AND INTERNATIONAL OBSERVERS.

(a) AUTHORIZATION.—Notwithstanding any

other provision of law, except for section

634A of the Foreign Assistance Act of 1961 (22

U.S.C. 2394–1) and comparable notification

requirements contained in any Act making

appropriations for foreign operations, export

financing, and related programs, the President is authorized to furnish assistance and

provide other support for individuals and

independent nongovernmental organizations

to support democracy-building efforts for

Cuba, including the following:

(1) Published and informational matter,

such as books, videos, and cassettes, on transitions to democracy, human rights, and

market economies, to be made available to

independent democratic groups in Cuba.
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(2) Humanitarian assistance to victims of

political repression, and their families.

(3) Support for democratic and human

rights groups in Cuba.

(4) Support for visits and permanent deployment of independent international

human rights monitors in Cuba.

(b) OAS EMERGENCY FUND.—(1) The President shall take the necessary steps to encourage the Organization of American States

to create a special emergency fund for the

explicit purpose of deploying human rights

observers, election support, and election observation in Cuba.

(2) The President should instruct the

United States Permanent Representative to

the Organization of American States to encourage other member states of the Organization to join in calling for the Cuban Government to allow the immediate deployment

of independent human rights monitors of the

Organization throughout Cuba and on-site

visits to Cuba by the Inter-American Commission on Human Rights.

(3) Notwithstanding section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227) or

any other provision of law limiting the

United States proportionate share of assistance to Cuba by any international organization, the President should provide not less

than $5,000,000 of the voluntary contributions

of the United States to the Organization of

American States as of the date of the enactment of this Act solely for the purposes of

the special fund referred to in paragraph (1).

SEC. 110. WITHHOLDING OF FOREIGN ASSISTANCE FROM COUNTRIES SUPPORTING NUCLEAR PLANT IN CUBA.

(a) FINDINGS.—The Congress makes the following findings:

(1) President Clinton stated in April 1993

that ‘‘the United States opposes the construction of the Juragua nuclear power plant

because of our concerns about Cuba’s ability

to ensure the safe operation of the facility

and because of Cuba’s refusal to sign the Nuclear Non-Proliferation Treaty or ratify the

Treaty of Tlatelolco.’’.

(2) Cuba has not signed the Treaty on the

Non-Proliferation of Nuclear Weapons or

ratified the Treaty of Tlatelolco, the latter

of which establishes Latin America and the

Caribbean as a nuclear weapons-free zone.

(3) The State Department, the Nuclear

Regulatory Commission, and the Department of Energy have expressed concerns

about the construction and operation of

Cuba’s nuclear reactors.

(4) In a September 1992 report to Congress,

the General Accounting Office outlined concerns among nuclear energy experts about

deficiencies in the nuclear plant project in

Juragua, near Cienfuegos, Cuba, including—

(A) a lack in Cuba of a nuclear regulatory

structure;

(B) the absence in Cuba of an adequate infrastructure to ensure the plant’s safe operation and requisite maintenance;

(C) the inadequacy of training of plant operators;

(D) reports by a former technician from

Cuba who, by examining with x-rays weld

sites believed to be part of the auxiliary

plumbing system for the plant, found that 10

to 15 percent of those sites were defective;

(E) since September 5, 1992, when construction on the plant was halted, the prolonged

exposure to the elements, including corrosive salt water vapor, of the primary reactor

components; and

(F) the possible inadequacy of the upper

portion of the reactors’ dome retention capability to withstand only 7 pounds of pressure

per square inch, given that normal atmospheric pressure is 32 pounds per square inch

and United States reactors are designed to

accommodate pressures of 50 pounds per

square inch.

(5) The United States Geological Survey

claims that it had difficulty determining answers to specific questions regarding earthquake activity in the area near Cienfuegos

because the Cuban Government was not

forthcoming with information.

(6) The Geological Survey has indicated

that the Caribbean plate, a geological formation near the south coast of Cuba, may pose

seismic risks to Cuba and the site of the

power plant, and may produce large to moderate earthquakes.

(7) On May 25, 1992, the Caribbean plate

produced an earthquake numbering 7.0 on

the Richter scale.

(8) According to a study by the National

Oceanic and Atmospheric Administration,

summer winds could carry radioactive pollutants from a nuclear accident at the power

plant throughout all of Florida and parts of

the States on the gulf coast as far as Texas,

and northern winds could carry the pollutants as far northeast as Virginia and Washington, D.C.

(9) The Cuban Government, under dictator

Fidel Castro, in 1962 advocated the Soviets’

launching of nuclear missiles to the United

States, which represented a direct and dangerous provocation of the United States and

brought the world to the brink of a nuclear

conflict.

(10) Fidel Castro over the years has consistently issued threats against the United

States Government, most recently that he

would unleash another perilous mass migration from Cuba upon the enactment of this

Act.

(11) Despite the various concerns about the

plant’s safety and operational problems, a

feasibility study is being conducted that

would establish a support group to include

Russia, Cuba, and third countries with the

objective of completing and operating the

plant.

(b) WITHHOLDING OF FOREIGN ASSISTANCE.—

(1) IN GENERAL.—Notwithstanding any

other provision of law, the President shall

withhold from assistance allocated, on or

after the date of the enactment of this Act,

for any country an amount equal to the sum

of assistance and credits, if any, provided on

or after such date of enactment by that

country or any entity in that country in support of the completion of the Cuban nuclear

facility at Juragua, near Cienfuegos, Cuba.

(2) EXCEPTIONS.—The requirement of paragraph (1) to withhold assistance shall not

apply with respect to—

(A) assistance to meet urgent humanitarian needs, including disaster and refugee

relief;

(B) democratic political reform and rule of

law activities;

(C) the creation of private sector and nongovernmental organizations that are independent of government control;

(D) the development of a free market economic system; and

(E) assistance for the purposes described in

the Cooperative Threat Reduction Act of 1993

(title XII of Public Law 103–160).

(3) DEFINITION.—As used in paragraph (1),

the term ‘‘assistance’’ means assistance

under the Foreign Assistance Act of 1961,

credits, sales, and guarantees of extensions

of credit under the Arms Export Control Act,

assistance under titles I and III of the Agricultural Trade Development and Assistance

Act of 1954, assistance under the FREEDOM

Support Act of 1992, and any other program

of assistance or credits provided by the

United States to other countries under other

provisions of law, except that the term ‘‘assistance’’ does not include humanitarian assistance, including disaster relief assistance.

SEC. 111. EXPULSION OF CRIMINALS FROM CUBA.

The President shall instruct all United

States Government officials who engage in

official conduct with the Cuban Government

to raise on a regular basis the extradition of

or rendering to the United States all persons

residing in Cuba who are sought by the

United States Department of Justice for

crimes committed in the United States.

TITLE II—ASSISTANCE TO A FREE AND

INDEPENDENT CUBA

SEC. 201. POLICY TOWARD A TRANSITION GOVERNMENT AND A DEMOCRATICALLY

ELECTED GOVERNMENT IN CUBA.

The policy of the United States is as follows:

(1) To support the self-determination of the

Cuban people.

(2) To recognize that the self-determination of the Cuban people is a sovereign and

national right of the citizens of Cuba which

must be exercised free of interference by the

government of any other country.

(3) To encourage the Cuban people to empower themselves with a government which

reflects the self-determination of the Cuban

people.

(4) To recognize the potential for a difficult transition from the current regime in

Cuba that may result from the initiatives

taken by the Cuban people for self-determination in response to the intransigence of

the Castro regime in not allowing any substantive political or economic reforms, and

to be prepared to provide the Cuban people

with humanitarian, developmental, and

other economic assistance.

(5) In solidarity with the Cuban people, to

provide appropriate forms of assistance—

(A) to a transition government in Cuba;

(B) to facilitate the rapid movement from

such a transition government to a democratically elected government in Cuba that results from an expression of the self-determination of the Cuban people; and

(C) to support such a democratically elected government.

(6) Through such assistance, to facilitate a

peaceful transition to representative democracy and a market economy in Cuba and to

consolidate democracy in Cuba.

(7) To deliver such assistance to the Cuban

people only through a transition government

in Cuba, through a democratically elected

government in Cuba, through United States

Government organizations, or through

United States, international, or indigenous

nongovernmental organizations.

(8) To encourage other countries and multilateral organizations to provide similar assistance, and to work cooperatively with

such countries and organizations to coordinate such assistance.

(9) To ensure that appropriate assistance is

rapidly provided and distributed to the people of Cuba upon the institution of a transition government in Cuba.

(10) Not to provide favorable treatment or

influence on behalf of any individual or entity in the selection by the Cuban people of

their future government.

(11) To assist a transition government in

Cuba and a democratically elected government in Cuba to prepare the Cuban military

forces for an appropriate role in a democracy.

(12) To be prepared to enter into negotiations with a democratically elected government in Cuba either to return the United

States Naval Base at Guantanamo to Cuba

or to renegotiate the present agreement

under mutually agreeable terms.

(13) To consider the restoration of diplomatic recognition and support the reintegration of the Cuban Government into InterAmerican organizations when the President

determines that there exists a democratically elected government in Cuba.

(14) To take steps to remove the economic

embargo of Cuba when the President determines that a transition to a democratically

elected government in Cuba has begun.
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T119.7 SEPTEMBER 21

(15) To assist a democratically elected government in Cuba to strengthen and stabilize

its national currency.

(16) To pursue trade relations with a free,

democratic, and independent Cuba.

SEC. 202. ASSISTANCE FOR THE CUBAN PEOPLE.

(a) AUTHORIZATION.—

(1) IN GENERAL.—The President shall develop a plan for providing economic assistance to Cuba at such time as the President

determines that a transition government or

a democratically elected government in

Cuba (as determined under section 203(c)) is

in power.

(2) EFFECT ON OTHER LAWS.—Assistance

may be provided under this section subject

to an authorization of appropriations and

subject to the availability of appropriations.

(b) PLAN FOR ASSISTANCE.—

(1) DEVELOPMENT OF PLAN.—The President

shall develop a plan for providing assistance

under this section—

(A) to Cuba when a transition government

in Cuba is in power; and

(B) to Cuba when a democratically elected

government in Cuba is in power.

(2) TYPES OF ASSISTANCE.—Assistance

under the plan developed under paragraph (1)

may, subject to an authorization of appropriations and subject to the availability of

appropriations, include the following:

(A) TRANSITION GOVERNMENT.—(i) Except as

provided in clause (ii), assistance to Cuba

under a transition government shall, subject

to an authorization of appropriations and

subject to the availability of appropriations,

be limited to—

(I) such food, medicine, medical supplies

and equipment, and assistance to meet emergency energy needs, as is necessary to meet

the basic human needs of the Cuban people;

and

(II) assistance described in subparagraph

(C).

(ii) Assistance provided only after the

President certifies to the appropriate congressional committees, in accordance with

procedures applicable to reprogramming notifications under section 634A of the Foreign

Assistance Act of 1961, that such assistance

is essential to the successful completion of

the transition to democracy.

(iii) Only after a transition government in

Cuba is in power, remittances by individuals

to their relatives of cash or goods, as well as

freedom to travel to visit them without any

restrictions, shall be permitted.

(B) DEMOCRATICALLY ELECTED GOVERNMENT.—Assistance to a democratically elected government in Cuba may, subject to an

authorization of appropriations and subject

to the availability of appropriations, consist

of additional economic assistance, together

with assistance described in subparagraph

(C). Such economic assistance may include—

(i) assistance under chapter 1 of part I (relating to development assistance), and chapter 4 of part II (relating to the economic support fund), of the Foreign Assistance Act of

1961;

(ii) assistance under the Agricultural

Trade Development and Assistance Act of

1954;

(iii) financing, guarantees, and other forms

of assistance provided by the Export-Import

Bank of the United States;

(iv) financial support provided by the Overseas Private Investment Corporation for investment projects in Cuba;

(v) assistance provided by the Trade and

Development Agency;

(vi) Peace Corps programs; and

(vii) other appropriate assistance to carry

out the policy of section 201.

(C) MILITARY ADJUSTMENT ASSISTANCE.—Assistance to a transition government in Cuba

and to a democratically elected government

in Cuba shall also include assistance in preparing the Cuban military forces to adjust to

an appropriate role in a democracy.

(c) STRATEGY FOR DISTRIBUTION.—The plan

developed under subsection (b) shall include

a strategy for distributing assistance under

the plan.

(d) DISTRIBUTION.—Assistance under the

plan developed under subsection (b) shall be

provided through United States Government

organizations and nongovernmental organizations and private and voluntary organizations, whether within or outside the United

States, including humanitarian, educational,

labor, and private sector organizations.

(e) INTERNATIONAL EFFORTS.—The President shall take the necessary steps—

(1) to seek to obtain the agreement of

other countries and of international financial institutions and multilateral organizations to provide to a transition government

in Cuba, and to a democratically elected government in Cuba, assistance comparable to

that provided by the United States under

this Act; and

(2) to work with such countries, institutions, and organizations to coordinate all

such assistance programs.

(f) COMMUNICATION WITH THE CUBAN PEOPLE.—The President shall take the necessary

steps to communicate to the Cuban people

the plan for assistance developed under this

section.

(g) REPORT TO CONGRESS.—Not later than

180 days after the date of the enactment of

this Act, the President shall transmit to the

appropriate congressional committees a report describing in detail the plan developed

under this section.

(h) TRADE AND INVESTMENT RELATIONS.—

(1) REPORT TO CONGRESS.—The President,

following the transmittal to the Congress of

a determination under section 203(c)(3) that

a democratically elected government in

Cuba is in power, shall submit to the appropriate congressional committees a report

that describes—

(A) acts, policies, and practices that constitute significant barriers to, or distortions

of, United States trade in goods or services

or foreign direct investment with respect to

Cuba;

(B) policy objectives of the United States

regarding trade relations with a democratically elected government in Cuba, and the

reasons therefor, including possible—

(i) reciprocal extension of nondiscriminatory trade treatment (most-favored- nation treatment);

(ii) designation of Cuba as a beneficiary developing country under title V of the Trade

Act of 1974 (relating to the Generalized System of Preferences) or as a beneficiary country under the Caribbean Basin Economic Recovery Act, and the implications of such designation with respect to trade with any

other country that is such a beneficiary developing country or beneficiary country or is

a party to the North American Free Trade

Agreement; and

(iii) negotiations regarding free trade, including the accession of Cuba to the North

American Free Trade Agreement;

(C) specific trade negotiating objectives of

the United States with respect to Cuba, including the objectives described in section

108(b)(5) of the North American Free Trade

Agreement Implementation Act (19 U.S.C.

3317(b)(5)); and

(D) actions proposed or anticipated to be

undertaken, and any proposed legislation

necessary or appropriate, to achieve any of

such policy and negotiating objectives.

(2) CONSULTATIONS.—The President shall

consult with the appropriate congressional

committees and shall seek advice from the

appropriate advisory committees established

under section 135 of the Trade Act of 1974 regarding the policy and negotiating objectives and the legislative proposals described

in paragraph (1).

SEC. 203. COORDINATION OF ASSISTANCE PROGRAM; IMPLEMENTATION AND REPORTS TO CONGRESS; REPROGRAMMING.

(a) COORDINATING OFFICIAL.—The President

shall designate a coordinating official who

shall be responsible for—

(1) implementing the strategy for distributing assistance described in section 202(b);

(2) ensuring the speedy and efficient distribution of such assistance; and

(3) ensuring coordination among, and appropriate oversight by, the agencies of the

United States that provide assistance described in section 202(b), including resolving

any disputes among such agencies.

(b) UNITED STATES-CUBA COUNCIL.—Upon

making a determination under subsection

(c)(3) that a democratically elected government in Cuba is in power, the President,

after consultation with the coordinating official, is authorized to designate a United

States-Cuba council—

(1) to ensure coordination between the

United States Government and the private

sector in responding to change in Cuba, and

in promoting market-based development in

Cuba; and

(2) to establish periodic meetings between

representatives of the United States and

Cuban private sectors for the purpose of facilitating bilateral trade.

(c) IMPLEMENTATION OF PLAN; REPORTS TO

CONGRESS.—

(1) IMPLEMENTATION WITH RESPECT TO TRANSITION GOVERNMENT.—Upon making a determination that a transition government in

Cuba is in power, the President shall transmit that determination to the appropriate

congressional committees and shall, subject

to an authorization of appropriations and

subject to the availability of appropriations,

commence the delivery and distribution of

assistance to such transition government

under the plan developed under section

202(b).

(2) REPORTS TO CONGRESS.—(A) The President shall transmit to the appropriate congressional committees a report setting forth

the strategy for providing assistance described in section 202(b)(2) (A) and (C) to the

transition government in Cuba under the

plan of assistance developed under section

202(b), the types of such assistance, and the

extent to which such assistance has been distributed in accordance with the plan.

(B) The President shall transmit the report

not later than 90 days after making the determination referred to in paragraph (1), except that the President shall transmit the

report in preliminary form not later than 15

days after making that determination.

(3) IMPLEMENTATION WITH RESPECT TO DEMOCRATICALLY ELECTED GOVERNMENT.—The

President shall, upon determining that a

democratically elected government in Cuba

is in power, submit that determination to

the appropriate congressional committees

and shall, subject to an authorization of appropriations and subject to the availability

of appropriations, commence the delivery

and distribution of assistance to such democratically elected government under the plan

developed under section 202(b).

(4) ANNUAL REPORTS TO CONGRESS.—Not

later than 60 days after the end of each fiscal

year, the President shall transmit to the appropriate congressional committees a report

on the assistance provided under the plan developed under section 202(b), including a description of each type of assistance, the

amounts expended for such assistance, and a

description of the assistance to be provided

under the plan in the current fiscal year.

(d) REPROGRAMMING.—Any changes in the

assistance to be provided under the plan developed under section 202(b) may not be
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1995 T119.7

made unless the President notifies the appropriate congressional committees at least 15

days in advance in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1).

SEC. 204. TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.

(a) PRESIDENTIAL ACTIONS.—Upon submitting a determination to the appropriate congressional committees under section 203(c)(1)

that a transition government in Cuba is in

power, the President, after consulting with

the Congress, is authorized to take steps to

suspend the economic embargo of Cuba to

the extent that such action contributes to a

stable foundation for a democratically elected government in Cuba.

(b) SUSPENSION OF CERTAIN PROVISIONS OF

LAW.—In carrying out subsection (a), the

President may suspend the enforcement of—

(1) section 620(a) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2370(a));

(2) section 620(f) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2370(f)) with regard to

the ‘‘Republic of Cuba’’;

(3) sections 1704, 1705(d), and 1706 of the

Cuban Democracy Act (22 U.S.C. 6003, 6004(d),

6005);

(4) section 902(c) of the Food Security Act

of 1985; and

(5) the prohibitions on transactions described in part 515 of title 31, Code of Federal

Regulations.

(c) ADDITIONAL PRESIDENTIAL ACTIONS.—

Upon submitting a determination to the appropriate congressional committees under

section 203(c)(3) that a democratically elected government in Cuba is in power, the

President shall take steps to terminate the

economic embargo of Cuba.

(d) CONFORMING AMENDMENTS.—On the date

on which the President submits a determination under section 203(c)(3)—

(1) section 620(a) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2370(a)) is repealed;

(2) section 620(f) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2370(f)) is amended by

striking ‘‘Republic of Cuba’’;

(3) sections 1704, 1705(d), and 1706 of the

Cuban Democracy Act of 1992 (22 U.S.C. 6003,

6004(d), and 6005) are repealed; and

(4) section 902(c) of the Food Security Act

of 1985 is repealed.

(e) REVIEW OF SUSPENSION OF ECONOMIC EMBARGO.—

(1) REVIEW.—If the President takes action

under subsection (a) to suspend the economic

embargo of Cuba, the President shall immediately so notify the Congress. The President

shall report to the Congress no less frequently than every 6 months thereafter,

until he submits a determination under section 203(c)(3) that a democratically elected

government in Cuba is in power, on the

progress being made by Cuba toward the establishment of such a democratically elected

government. The action of the President

under subsection (a) shall cease to be effective upon the enactment of a joint resolution

described in paragraph (2).

(2) JOINT RESOLUTIONS.—For purposes of

this subsection, the term ‘‘joint resolution’’

means only a joint resolution of the 2 Houses

of Congress, the matter after the resolving

clause of which is as follows: ‘‘That the Congress disapproves the action of the President

under section 204(a) of the Cuban Liberty and

Democratic Solidarity (LIBERTAD) Act of

1995 to suspend the economic embargo of

Cuba, notice of which was submitted to the

Congress on ll.’’, with the blank space

being filled with the appropriate date.

(3) REFERRAL TO COMMITTEES.—Joint resolutions introduced in the House of Representatives shall be referred to the Committee on International Relations and joint

resolutions introduced in the Senate shall be

referred to the Committee on Foreign Relations.

(4) PROCEDURES.—(A) Any joint resolution

shall be considered in the Senate in accordance with the provisions of section 601(b) of

the International Security Assistance and

Arms Export Control Act of 1976.

(B) For the purpose of expediting the consideration and enactment of joint resolutions, a motion to proceed to the consideration of any joint resolution after it has

been reported by the appropriate committee

shall be treated as highly privileged in the

House of Representatives.

(C) Not more than 1 joint resolution may

be considered in the House of Representatives and the Senate in the 6-month period

beginning on the date on which the President notifies the Congress under paragraph

(1) of the action taken under subsection (a),

and in each 6-month period thereafter.

SEC. 205. REQUIREMENTS FOR A TRANSITION

GOVERNMENT.

For purposes of this Act, a transition government in Cuba is a government in Cuba

which—

(1) is demonstrably in transition from communist totalitarian dictatorship to representative democracy;

(2) has recognized the right to independent

political activity and association;

(3) has released all political prisoners and

allowed for investigations of Cuban prisons

by appropriate international human rights

organizations;

(4) has ceased any interference with Radio

or Television Marti broadcasts;

(5) makes public commitments to and is

making demonstrable progress in—

(A) establishing an independent judiciary;

(B) dissolving the present Department of

State Security in the Cuban Ministry of the

Interior, including the Committees for the

Defense of the Revolution and the Rapid Response Brigades;

(C) respecting internationally recognized

human rights and basic freedoms as set forth

in the Universal Declaration of Human

Rights, to which Cuba is a signatory nation;

(D) effectively guaranteeing the rights of

free speech and freedom of the press;

(E) organizing free and fair elections for a

new government—

(i) to be held in a timely manner within a

period not to exceed 1 year after the transition government assumes power;

(ii) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other

telecommunications media) in terms of allotments of time for such access and the

times of day such allotments are given; and

(iii) to be conducted under the supervision

of internationally recognized observers, such

as the Organization of American States, the

United Nations, and other elections monitors;

(F) assuring the right to private property;

(G) taking appropriate steps to return to

United States citizens (and entities which

are 50 percent or more beneficially owned by

United States citizens) property taken by

the Cuban Government from such citizens

and entities on or after January 1, 1959, or to

provide equitable compensation to such citizens and entities for such property;

(H) granting permits to privately owned

telecommunications and media companies to

operate in Cuba; and

(I) allowing the establishment of independent trade unions as set forth in conventions 87 and 98 of the International Labor Organization, and allowing the establishment

of independent social, economic, and political associations;

(6) does not include Fidel Castro or Raul

Castro;

(7) has given adequate assurances that it

will allow the speedy and efficient distribution of assistance to the Cuban people;

(8) permits the deployment throughout

Cuba of independent and unfettered international human rights monitors; and

(9) has extradited or otherwise rendered to

the United States all persons sought by the

United States Department of Justice for

crimes committed in the United States.

SEC. 206. REQUIREMENTS FOR A DEMOCRATICALLY ELECTED GOVERNMENT.

For purposes of this Act, a democratically

elected government in Cuba, in addition to

continuing to comply with the requirements

of section 205, is a government in Cuba

which—

(1) results from free and fair elections conducted under the supervision of internationally recognized observers;

(2) has permitted opposition parties ample

time to organize and campaign for such elections, and has permitted full access to the

media to all candidates in the elections;

(3) is showing respect for the basic civil

liberties and human rights of the citizens of

Cuba;

(4) has made demonstrable progress in establishing an independent judiciary;

(5) is substantially moving toward a market-oriented economic system;

(6) is committed to making constitutional

changes that would ensure regular free and

fair elections that meet the requirements of

paragraph (2); and

(7) has made demonstrable progress in returning to United States citizens (and entities which are 50 percent or more beneficially owned by United States citizens)

property taken by the Cuban Government

from such citizens and entities on or after

January 1, 1959, or providing full compensation for such property in accordance with

international law standards and practice.

TITLE III—PROTECTION OF PROPERTY

RIGHTS OF UNITED STATES NATIONALS

AGAINST CONFISCATORY TAKINGS BY

THE CASTRO REGIME

SEC. 301. STATEMENT OF POLICY.

The Congress makes the following findings:

(1) The right of individuals to hold and

enjoy property is a fundamental right recognized by the United States Constitution and

international human rights law, including

the Universal Declaration of Human Rights.

(2) The illegal confiscation or taking of

property by governments, and the acquiescence of governments in the confiscation of

property by their citizens, undermines the

comity among nations, the free flow of commerce, and economic development.

(3) It is in the interest of all nations to respect equally the property rights of their

citizens and nationals of other countries.

(4) Nations that provide an effective mechanism for prompt, adequate, and fair compensation for the confiscation of private

property will continue to have the support of

the United States.

(5) The United States Government has an

obligation to its citizens to provide protection against illegal confiscation by foreign

nations and their citizens, including the provision of private remedies.

(6) Nations that illegally confiscate private

property should not be immune to another

nation’s laws whose purpose is to protect

against the confiscation of lawfully acquired

property by its citizens.

(7) Trafficking in illegally acquired property is a crime under the laws of the United

States and other nations, yet this same activity is allowed under international law.

(8) International law, by not providing effective remedies, condones the illegal confiscation of property and allows for the unjust

enrichment from the use of confiscated property by governments and private entities at
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the expense of those who hold legal claim to

the property.

(9) The development of an international

mechanism sanctioning those governments

and private entities that confiscate and unjustly use private property so confiscated

should be a priority objective of United

States foreign policy.

SEC. 302. LIABILITY FOR TRAFFICKING IN PROPERTY CONFISCATED FROM UNITED

STATES NATIONALS.

(a) CIVIL REMEDY.—

(1) LIABILITY FOR TRAFFICKING.—(A) Except

as provided in paragraphs (3) and (4), any

person, including any agency or instrumentality of a foreign state in the conduct of a

commercial activity, that, after the end of

the 6-month period beginning on the date of

the enactment of this Act, traffics in confiscated property shall be liable to any

United States national who owns the claim

to such property for money damages in an

amount equal to the sum of—

(i) the amount which is the greater of—

(I) the amount, if any, certified to the

claimant by the Foreign Claims Settlement

Commission under the International Claims

Settlement Act of 1949, plus interest;

(II) the amount determined under section

303(a)(2), plus interest; or

(III) the fair market value of that property, calculated as being the then current

value of the property, or the value of the

property when confiscated plus interest,

whichever is greater; and

(ii) reasonable costs and attorneys’ fees.

(B) Interest under subparagraph (A)(i) shall

be at the rate set forth in section 1961 of title

28, United States Code, computed by the

court from the date of the confiscation of the

property involved to the date on which the

action is brought under this subsection.

(2) PRESUMPTION IN FAVOR OF CERTIFIED

CLAIMS.—There shall be a presumption that

the amount for which a person, including

any agency or instrumentality of a foreign

state in the conduct of a commercial activity, is liable under clause (i) of paragraph

(1)(A) is the amount that is certified under

subclause (I) of that clause. The presumption

shall be rebuttable by clear and convincing

evidence that the amount described in subclause (II) or (III) of that clause is the appropriate amount of liability under that clause.

(3) INCREASED LIABILITY FOR PRIOR NOTICE.—Except as provided in paragraph (4),

any person, including any agency or instrumentality of a foreign state in the conduct of

a commercial activity, that traffics in confiscated property after having received—

(A) notice of a claim to ownership of the

property by a United States national who

owns a claim to the confiscated property,

and

(B) notice of the provisions of this section,

shall be liable to that United States national

for money damages in an amount which is

the sum of the amount equal to the amount

determined under paragraph (1)(A)(ii) plus

triple the amount determined applicable

under subclause (I), (II), or (III) of paragraph

(1)(A)(i).

(4) APPLICABILITY.—(A) Except as otherwise provided in this paragraph, actions may

be brought under paragraph (1) with respect

to property confiscated before, on, or after

the date of the enactment of this Act.

(B) In the case of property confiscated before the date of the enactment of this Act,

no United States national may bring an action under this section unless such national

acquired ownership of the claim to the confiscated property before such date.

(C) In the case of property confiscated on

or after the date of the enactment of this

Act, no United States national who acquired

ownership of a claim to confiscated property

by assignment for value after such date of

enactment may bring an action on the claim

under this section.

(5) TREATMENT OF CERTAIN ACTIONS.—(A) In

the case of any action brought under this

section by a United States national who was

eligible to file the underlying claim in the

action with the Foreign Claims Settlement

Commission under title V of the International Claims Settlement Act of 1949 but

did not so file the claim, the court may hear

the case only if the court determines that

the United States national had good cause

for not filing the claim.

(B) In the case of any action brought under

this section by a United States national

whose claim in the action was timely filed

with the Foreign Claims Settlement Commission under title V of the International

Claims Settlement Act of 1949 but was denied

by the Commission, the court may assess the

basis for the denial and may accept the findings of the Commission on the claim as conclusive in the action under this section unless good cause justifies another result.

(6) INAPPLICABILITY OF ACT OF STATE DOCTRINE.—No court of the United States shall

decline, based upon the act of state doctrine,

to make a determination on the merits in an

action brought under paragraph (1).

(b) DEFINITION.—As used in this subsection,

the term ‘‘agency or instrumentality of a

foreign state’’ has the meaning given that

term in section 1603(b) of title 28, United

States Code.

(c) JURISDICTION.—

(1) IN GENERAL.—Chapter 85 of title 28,

United States Code, is amended by inserting

after section 1331 the following new section:

‘‘§ 1331a. Civil actions involving confiscated

property

‘‘The district courts shall have exclusive

jurisdiction of any action brought under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1995,

regardless of the amount in controversy.’’.

(2) CONFORMING AMENDMENT.—The table of

sections for chapter 85 of title 28, United

States Code, is amended by inserting after

the item relating to section 1331 the following:

‘‘1331a. Civil actions involving confiscated

property.’’.

(d) CERTAIN PROPERTY IMMUNE FROM EXECUTION.—Section 1611 of title 28, United

States Code, is amended by adding at the end

the following:

‘‘(c) Notwithstanding the provisions of section 1610 of this chapter, the property of a

foreign state shall be immune from attachment and from execution in an action

brought under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD)

Act of 1995 to the extent the property is a facility or installation used by an accredited

diplomatic mission for official purposes.’’.

(e) ELECTION OF REMEDIES.—

(1) ELECTION.—Subject to paragraph (2)—

(A) any United States national that brings

an action under this section may not bring

any other civil action or proceeding under

the common law, Federal law, or the law of

any of the several States, the District of Columbia, or any territory or possession of the

United States, that seeks monetary or nonmonetary compensation by reason of the

same subject matter; and

(B) any person who brings, under the common law or any provision of law other than

this section, a civil action or proceeding for

monetary or nonmonetary compensation

arising out of a claim for which an action

would otherwise be cognizable under this

section may not bring an action under this

section on that claim.

(2) TREATMENT OF CERTIFIED CLAIMANTS.—

In the case of any United States national

that brings an action under this section

based on a claim certified under title V of

the International Claims Settlement Act of

1949—

(A) if the recovery in the action is equal to

or greater than the amount of the certified

claim, the United States national may not

receive payment on the claim under any

agreement entered into between the United

States and Cuba settling claims covered by

such title, and such national shall be deemed

to have discharged the United States from

any further responsibility to represent the

United States national with respect to that

claim;

(B) if the recovery in the action is less

than the amount of the certified claim, the

United States national may receive payment

under a claims agreement described in subparagraph (A) but only to the extent of the

difference between the amount of the recovery and the amount of the certified claim;

and

(C) if there is no recovery in the action,

the United States national may receive payment on the certified claim under a claims

agreement described in subparagraph (A) to

the same extent as any certified claimant

who does not bring an action under this section.

(f) DEPOSIT OF EXCESS PAYMENTS BY CUBA

UNDER CLAIMS AGREEMENT.—Any amounts

paid by Cuba under any agreement entered

into between the United States and Cuba settling certified claims under title V of the

International Claims Settlement Act of 1949

that are in excess of the payments made on

such certified claims after the application of

subsection (e) shall be deposited into the

United States Treasury.

(g) TERMINATION OF RIGHTS.—

(1) IN GENERAL.—All rights created under

this section to bring an action for money

damages with respect to property confiscated before the date of the enactment of

this Act shall cease upon the transmittal to

the Congress of a determination of the President under section 203(c)(3).

(2) PENDING SUITS.—The termination of

rights under paragraph (1) shall not affect

suits commenced before the date of such termination, and in all such suits, proceedings

shall be had, appeals taken, and judgments

rendered in the same manner and with the

same effect as if this subsection had not been

enacted.

SEC. 303. DETERMINATION OF CLAIMS TO CONFISCATED PROPERTY.

(a) EVIDENCE OF OWNERSHIP.—

(1) CONCLUSIVENESS OF CERTIFIED CLAIMS.—

In any action brought under this title, the

courts shall accept as conclusive proof of

ownership a certification of a claim to ownership that has been made by the Foreign

Claims Settlement Commission pursuant to

title V of the International Claims Settlement Act of 1949 (22 U.S.C. 1643 and following).

(2) CLAIMS NOT CERTIFIED.—In the case of a

claim that has not been certified by the Foreign Claims Settlement Commission before

the enactment of this Act, a court may appoint a special master, including the Foreign

Claims Settlement Commission, to make determinations regarding the amount and validity of claims to ownership of confiscated

property. Such determinations are only for

evidentiary purposes in civil actions brought

under this title and do not constitute certifications pursuant to title V of the International Claims Settlement Act of 1949.

(3) EFFECT OF DETERMINATIONS OF FOREIGN

ENTITIES.—In determining ownership, courts

shall not accept as conclusive evidence of

ownership any findings, orders, judgments,

or decrees from administrative agencies or

courts of foreign countries or international

organizations that invalidate the claim held

by a United States national, unless the in-
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1995 T119.8

validation was found pursuant to binding

international arbitration to which United

States national submitted the claim.

(b) AMENDMENT OF THE INTERNATIONAL

CLAIMS SETTLEMENT ACT OF 1949.—Title V of

the International Claims Settlement Act of

1949 (22 U.S.C. 1643 and following) is amended

by adding at the end the following new section:

‘‘EVALUATION OF OWNERSHIP CLAIMS REFERRED

BY DISTRICT COURTS OF THE UNITED STATES

‘‘SEC. 514. Notwithstanding any other provision of this title and only for purposes of

section 302 of the Cuban Liberty and Solidarity (LIBERTAD) Act, a United States district court, for fact-finding purposes, may

refer to the Commission, and the Commission may determine, questions of the amount

and ownership of a claim by a United States

national (as defined in section 4 of the Cuban

Liberty and Solidarity (LIBERTAD) Act) resulting from the confiscation of property by

the Government of Cuba described in section

503(a), whether or not the United States national qualified as a national of the United

States (as defined in section 502(1)) at the

time of the action by the Government of

Cuba.’’.

(c) RULE OF CONSTRUCTION.—Nothing in

this Act or section 514 of the International

Claims Settlement Act of 1949, as added by

subsection (b), shall be construed—

(1) to require or otherwise authorize the

claims of Cuban nationals who became

United States citizens after their property

was confiscated to be included in the claims

certified to the Secretary of State by the

Foreign Claims Settlement Commission for

purposes of future negotiation and espousal

of claims with a friendly government in Cuba

when diplomatic relations are restored; or

(2) as superseding, amending, or otherwise

altering certifications that have been made

pursuant to title V of the International

Claims Settlement Act of 1949 before the enactment of this Act.

SEC. 304. EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION CERTIFICATION PROCEDURE.

Title V of the International Claims Settlement Act of 1949 (22 U.S.C. 1643 and following), as amended by section 303, is further

amended by adding at the end the following

new section:

‘‘EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT

COMMISSION CERTIFICATION PROCEDURE

‘‘SEC. 515. (a) Subject to subsection (b), neither any national of the United States who

was eligible to file a claim under section 503

but did not timely file such claim under that

section, nor any national of the United

States (on the date of the enactment of this

section) who was not eligible to file a claim

under that section, nor any national of Cuba,

including any agency, instrumentality, subdivision, or enterprise of the Government of

Cuba or any local government of Cuba in

place on the date of the enactment of this

section, nor any successor thereto, whether

or not recognized by the United States, shall

have a claim to, participate in, or otherwise

have an interest in, the compensation proceeds or other nonmonetary compensation

paid or allocated to a national of the United

States by virtue of a claim certified by the

Commission under section 507, nor shall any

court of the United States or any State court

have jurisdiction to adjudicate any such

claim.

‘‘(b) Nothing in subsection (a) shall be construed to detract from or otherwise affect

any rights in the shares of the capital stock

of nationals of the United States owning

claims certified by the Commission under

section 507.’’.

TITLE IV—EXCLUSION OF CERTAIN

ALIENS

SEC. 401. EXCLUSION FROM THE UNITED STATES

OF ALIENS WHO HAVE CONFISCATED PROPERTY OF UNITED

STATES NATIONALS OR WHO TRAFFIC IN SUCH PROPERTY.

(a) GROUNDS FOR EXCLUSION.—The Secretary of State, in consultation with the Attorney General, shall exclude from the

United States any alien who the Secretary of

State determines is a person who—

(1) has confiscated, or has directed or overseen the confiscation of, property a claim to

which is owned by a United States national,

or converts or has converted for personal

gain confiscated property, a claim to which

is owned by a United States national;

(2) traffics in confiscated property, a claim

to which is owned by a United States national;

(3) is a corporate officer, principal, or

shareholder with a controlling interest of an

entity which has been involved in the confiscation of property or trafficking in confiscated property, a claim to which is owned

by a United States national; or

(4) is a spouse, minor child, or agent of a

person excludable under paragraph (1), (2), or

(3).

(b) DEFINITIONS.—As used in this section,

the following terms have the following

meanings:

(1) CONFISCATED; CONFISCATION.—The terms

‘‘confiscated’’ and ‘‘confiscation’’ refer to—

(A) the nationalization, expropriation, or

other seizure by foreign governmental authority of ownership or control of property

on or after January 1, 1959—

(i) without the property having been returned or adequate and effective compensation provided; or

(ii) without the claim to the property having been settled pursuant to an international

claims settlement agreement or other mutually accepted settlement procedure; and

(B) the repudiation by foreign governmental authority of, the default by foreign

governmental authority on, or the failure by

foreign governmental authority to pay, on or

after January 1, 1959—

(i) a debt of any enterprise which has been

nationalized, expropriated, or otherwise

taken by foreign governmental authority;

(ii) a debt which is a charge on property

nationalized, expropriated, or otherwise

taken by foreign governmental authority; or

(iii) a debt which was incurred by foreign

governmental authority in satisfaction or

settlement of a confiscated property claim.

(2) PROPERTY.—The term ‘‘property’’ does

not include claims arising from a territory

in dispute as a result of war between United

Nations member states in which the ultimate resolution of the disputed territory has

not been resolved.

(3) TRAFFICS.—(A) A person or entity ‘‘traffics’’ in property if that person or entity

knowingly and intentionally—

(i) sells, transfers, distributes, dispenses,

brokers, manages, or otherwise disposes of

confiscated property, or purchases, leases,

receives, possesses, obtains control of, manages, uses, or otherwise acquires or holds an

interest in confiscated property,

(ii) engages in a commercial activity using

or otherwise benefiting from confiscated

property, or

(iii) causes, directs, participates in, or

profits from, trafficking (as described in

clauses (i) and (ii)) by another person, or otherwise engages in trafficking (as described in

clauses (i) and (ii)) through another person,

without the authorization of the United

States national who holds a claim to the

property.

(B) The term ‘‘traffics’’ does not include—

(i) the delivery of international telecommunication signals to Cuba that are authorized by section 1705(e) of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)); or

(ii) the trading or holding of securities

publicly traded or held, unless the trading is

with or by a person determined by the Secretary of the Treasury to be a specially designated national.

(c) NATIONAL INTEREST EXEMPTION.—This

section shall not apply where the Secretary

of State finds, on a case-by-case basis, that

making a determination under subsection (a)

would be contrary to the national interest of

the United States.

(d) EFFECTIVE DATE.—

(1) IN GENERAL.—This section applies to

aliens seeking to enter the United States on

or after the date of the enactment of this

Act.

(2) TRAFFICKING.—This section applies only

with respect to acts within the meaning of

‘‘traffics’’ that occur on or after the date of

the enactment of this Act.

The bill, as amended, was ordered to

be engrossed and read a third time, was

read a third time by title.

The question being put, viva voce,

Will the House pass said bill?

The SPEAKER pro tempore, Mr.

LAHOOD, announced that the yeas had

it.

Mr. JOHNSTON demanded a recorded

vote on passage of said bill, which demand was supported by one-fifth of a

quorum, so a recorded vote was ordered.

The vote was taken by electronic device.

It was decided in the Yeas ....... 294 ! affirmative ................... Nays ...... 130

T119.8 [Roll No. 683]

AYES—294

Ackerman

Allard

Andrews

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Ballenger

Barcia

Barr

Bartlett

Barton

Bass

Bateman

Bentsen

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Borski

Browder

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chapman

Chenoweth

Christensen

Chrysler

Clinger

Coble

Coburn

Coleman

Collins (GA)

Combest

Condit

Cooley

Costello

Cox

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

Deal

DeLay

Deutsch

Diaz-Balart

Dickey

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Durbin

Edwards

Ehlers

Ehrlich

Emerson

Engel

English

Ensign

Everett

Ewing

Fawell

Fazio

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Frost

Funderburk

Gallegly

Ganske

Gekas

Gephardt

Geren

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Gutknecht

Hall (TX)

Hancock

Hansen

Hastert

Hastings (WA)

Hayworth

Hefley

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Holden

Horn

Houghton

Hoyer

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson (CT)

Johnson, Sam

Jones

Kaptur